HomeMy WebLinkAbout26-013 Setting the Conditions to Vacate a Portion of the McClellan Street Right-Of-Way Located Between 9th Street and 10th Street, Associated with Vince's Village, City File No. LUP26-013, and Directing the City Manager to Prepare theResolution 26-013
RESOLUTION NO.26-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON, SETTING THE CONDITIONS TO VACATE A PORTION OF THE
MCCLELLAN STREET RIGHT-OF-WAY LOCATED BETWEEN 9TH STREET AND
LOTH STREET, ASSOCIATED WITH VINCE'S VILLAGE, CITY FILE NO. LUP26-013,
AND DIRECTING THE CITY MANAGER TO PREPARE THE VACATION
ORDINANCE WHEN ALL CONDITIONS ARE MET.
WHEREAS, Bayside Housing & Services submitted an application for the partial vacation
of the Eisenbeis Addition plat and the vacation of an undeveloped portion of the McClellan Street
right-of-way located between 9th Street and loth Street, identified as City File No. LUP26-013;
and,
WHEREAS, the subject property is located at 1777 loth Street, Port Townsend,
Washington, within Blocks 198 and 199 of the Eisenbeis Addition, Jefferson County Assessor
Parcel Numbers 948319901 and 948319802 (Exhibit A - Right -of -Way Vacation Exhibit and
Legal Description); and,
WHEREAS, the proposal includes full -width vacation of portions of McClellan Street
abutting property owned by the applicant and partial -width vacation of portions adjacent to
property under separate ownership in order to preserve future access opportunities; and,
WHEREAS, the subject portion of McClellan Street has never been opened, improved,
graded, paved, or utilized as a vehicular, pedestrian, bicycle, emergency access, or transportation
facility; and,
WHEREAS, the City's 2025 Comprehensive Plan, Transportation Element, Capital
Facilities Plan, and Sustainable Streets Plan do not identify this segment of McClellan Street as
necessary for current or future transportation purposes; and,
WHEREAS, on June 3, 2026, the Hearing Examiner conducted an open -record public
hearing and subsequently issued Findings of Fact, Conclusions of Law, and a Final Decision
approving the associated partial plat vacation and recommending approval of the McClellan Street
right-of-way vacation subject to conditions; and,
WHEREAS, the Hearing Examiner found that the requested street vacation serves the
public use and interest because the right-of-way is not required for present or future public use,
does not provide a transportation function, and its vacation will facilitate the development of
permanent supportive housing while preserving public interests through easement reservations and
retained access; and,
WHEREAS, Chapter 35.79 RCW authorizes the City Council to vacate streets and rights -
of -way that are no longer required for public use, and PTMC Chapter 12.20 establishes local
procedures and criteria governing street vacations; and,
Resolution 26-013
WHEREAS, the City Council finds that reservation of appropriate public utility easements
within the vacated right-of-way will preserve current and future public utility needs; and,
WHEREAS, the City Council further finds that the public benefits associated with the
proposed permanent supportive housing project constitute adequate value received for the vacation
of the right-of-way consistent with PTMC 12.20.090 and the City's affordable housing policies
and goals.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Townsend, Washington as follows:
Section 1. Findings.
The City Council adopts the Hearing Examiner's Findings of Fact, Conclusions of Law, and
Decision issued in City File No. LUP26-013 (Exhibit A) as its own findings to the extent applicable
to the street vacation request.
The City Council further finds that:
A. The subject portion of McClellan Street is not required for present or future public
transportation purposes;
B. The requested vacation will not create landlocked parcels or impair vehicular, pedestrian,
bicycle, utility, or emergency access;
C. The vacation is consistent with Chapter 35.79 RCW, PTMC Chapter 12.20, the Port Townsend
Comprehensive Plan, and the public use and interest; and,
D. The public benefit associated with the development of permanent supportive housing
constitutes adequate value received in exchange for the right-of-way vacation consistent with
PTMC 12.20.090 and RCW 35.79.030.
Section 2. Conditions of Approval.
Upon completion of the following conditions, the Council directs the City Manager to prepare and
present the vacation ordinance to the Council for final approval and recording. The Conditions of
Approval are:
A. Prior to recording the vacation, the applicant shall submit final survey documents, legal
descriptions, and recordable exhibits prepared by a Washington -licensed land surveyor and
approved by the City;
B. The City shall reserve and record perpetual public utility easements within the vacated right-
of-way as necessary to preserve existing and future public utility services;
C. The City reserves a perpetual public utility easement encompassing the entire vacated right-of-
way, unless a more limited easement area is approved by the City Engineer and depicted on the
final recordable documents. The easement shall allow the City and authorized utility providers to
Resolution 26-013
install, construct, operate, maintain, inspect, repair, replace, renew, and upgrade existing and future
utility facilities, together with rights of reasonable access thereto;
D. The applicant shall be responsible for all costs associated with preparation, review, and
recording of vacation documents;
E. The approved street vacation shall be recorded with the Jefferson County Auditor before title
to the vacated right-of-way vests in the abutting property owners; and,
F. Bayside Housing & Services shall provide the City with a deed restriction or similar real estate
instrument granting the City compensation equal to or greater than the value of the vacated right-
of-way — the value of the vacated right-of-way may include intangible values or benefits, such as
affordable housing.
Section 3. Future Council Action Required For Vacation.
Approval of this Resolution constitutes the City Council's determination that the proposed vacation
of the McClellan Street right-of-way serves the public use and interest. This Resolution does not
itself vacate the right-of-way or convey any property interest to the applicant. Following
verification by City staff that all Hearing Examiner conditions of approval, City Council conditions
of approval, and all applicable statutory and municipal requirements have been satisfied, staff shall
return to the City Council with a street vacation ordinance for consideration pursuant to Chapter
35.79 RCW. The vacation shall become effective and the vacated right-of-way shall not be
conveyed until such ordinance has been adopted and recorded with the Jefferson County Auditor.
Section 4. Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this Resolution is held invalid
or unconstitutional, such decision shall not affect the validity of the remaining portions of this
Resolution.
ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held
this 6th day of July 2026.
...... .....m......................................�
Amy Howard
Mayor
ATTEST:
Al ssa (S
City C:"le
Resolution 26-013
Exhibit A
Right -of -Way Vacation Exhibit and Legal Description
Resolution 26-013
Exhibit B
Hearing Examiner's Findings of Fact, Conclusions of Law, and Decision issued in City File No,
LUP26-013
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BEFORE THE HEARING EXAMINER FOR THE CITY
OF PORT TOWNSEND
Phil Olbrechts, Hearing Examiner
RE: Vince'sVillage
Partial Plat Vacation and McClellan FINDINGS OF FACT, CONCLUSIONS
Street Right -of -Way Vacation OF LAW AND FINAL DECISION
File No. LUP26-013
I. INTRODUCTION
Bayside Housing & Services submitted an application for a partial plat vacation of
property located at 1777 loth Street together with the vacation of an undeveloped
portion of the McClellan Street right-of-way located between 9th Street and loth
Street to consolidate several platted lots to facilitate development of a multi -family
housing development. The application is approved subject to conditions.
II. ORAL TESTIMONY
A computer -generated transcript of the hearing has been prepared to provide an
overview of the hearing testimony. The transcript is not intended to provide a
precisely accurate rendition of testimony but generally identifies the subjects
addressed during the hearing. The transcript is provided for informational purposes
only as Appendix A.
III.EXHIBITS
Exhibits 1-12 listed on page 13 of the staff report dated May 26, 2026, were admitted
into the record at the June 3rd, 2026, virtual public hearing. Additionally, Exhibit 6.7,
a comment letter from Mr. Tilly which was received by staff after the staff report and
exhibits had been distributed was entered into the record by staff.
IV. FINDINGS OF FACT
Procedural:
1. Applicants. Bayside Housing & Services c/o Bill Rucker, Director of
Sites & Projects 310 Hadlock Bay Rd.
P. 1 Findings, Conclusions and Decision
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2. lleariaa g. A virtual hearing was held on the applications at 9:00 am on
June 3rd, 2026.
Substantive:
3. Project Description. tion. Bayside Housing & Services submitted an
application for a partial plat vacation of property located at 1777 loth Street together
with the vacation of an undeveloped portion of the McClellan Street right-of-way
located between 9th Street and loth Street to consolidate several platted lots to
facilitate development of a three-story, 32-unit multifamily residential development
for permanent supportive housing.
The proposal includes full -width vacation of the McClellan Street right-of-way along
segments that abut property under the applicant's ownership within Blocks 198 and
199. The application further proposes a partial (half -width) vacation along the
western portion of the right-of-way where adjacent parcels are not under applicant
ownership. The distinction between full -width and partial -width street vacation is
intended to ensure that adjacent properties not controlled by the applicant retain the
ability to utilize the remaining portion of the right-of-way if needed for future access,
utilities, or connectivity.
The subject property consists of multiple narrow lots created by historic platting
within the Eisenbeis Addition (Exhibit 10), a subdivision platted in the late nineteenth
century (1888). Several interior lot lines and dedicated rights -of -way, including
McClellan Street, were platted but never fully developed. The segment of McClellan
Street proposed for vacation is unimproved and not part of the City's Sustainable
Streets Plan or Active Transportation Plan.
4, Surrounding Uses: Surrounding development reflects a mix of single-
family residential, multifamily residential, and institutional uses typical of the Castle
Hill area. Vehicular, pedestrian, bicycle, and emergency access to the site is provided
via improved public streets at 9th Street and 1 Oth Street.
5. Adverse l na pacts. No significant adverse impacts are associated with the
proposal. The subject property has no mapped Critical Areas as regulated by the Port
Townsend Municipal Code (PTMC) and none have been observed. The proposal
retains portions of the McClellan Street right of way as necessary to ensure that no
lots will become landlocked. The partial plat vacation does not impair access,
eliminate utilities, or remove public facilities. City staff have determined that
retention of the proposed vacated right of way would not advance transportation
objectives or system functionality. Reservation of perpetual public utility easements
within the vacated right-of-way is feasible and sufficient to preserve current and
future public service needs. City staff have determined that the proposed areas for
right of way vacation not are not required for present or future public use
Written comments were received expressing concern about the future multi -family
development of the project site. Concerns included traffic and parking, neighborhood
p. 2 Findings, Conclusions and Decision
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character and future use of McClellan Street. Most of these comments are not
pertinent to this review because the planned multi -family development is subject to
separate permits. This permit review is limited to the impacts of removing lot lines
and right of way. Approval of this permit does not commit the Applicant to build any
specific type of development. The only public comments pertinent to this review are
the future use of McCelland. City staff have found that the right of way to be
eliminated will not result in any landlocked parcels or undermine the City's
transportation planning efforts. Consequently, the future
IV. CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. PTMC 20.01.040, Table 1, designates plat
vacations as subject to a Type III process. PTMC 20.01.040, Table 2, provides that
the hearing examiner shall hold hearings and issue final decisions on Type III
applications.
2. The PTMC doesn't provide any directly referenced criteria for approval of plat
vacations. Rather, PTMC 18.04.0401) requires that plat vacations shall comply with
the criteria imposed by RCW 58.17.212. As pertinent, RCW 58.17.212 is quoted
below and applied via corresponding conclusions of law.
RCW 58.17.212: The legislative authority of the city ... may approve or deny the application
for vacation of the subdivision after determining the public use and interest to be served by the
vacation of the subdivision.
3. Criteria Met. The criteria is met. The public use and interest is served by the
vacation since it will not create any adverse impacts as determined in Finding of Fact
No. 5 while at the same time facilitating the development of the property.
One comment letter asserted that the proposed right of way doesn't conform to right
of way vacation statutes, specifically those in Chapter 35.79 RCW. Those statutes do
not apply to plat vacations that combine lot vacations along with right of way
vacations. RCW 58.17.212 provides that "[w]hen the application is for the vacation
of the plat together with the roads and/or streets, the procedure for vacation in this
section shall be used..." At hearing, staff assured that right of way vacations do not
include any right of way abutting property owners who have not participated in this
vacation application.
V. DECISION
As conditioned below, the proposed partial vacation of the Eisenbeis Addition
subdivision plat affecting Blocks 198 and 199, together with the vacation of an
undeveloped portion of the McClellan Street right-of-way located between 9th Street
and 1 Oth Street conforms to all required criteria for approval for the reasons detailed
p. 3 Findings, Conclusions and Decision
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in the Conclusions of Law above. The conditions necessary to assure compliance and
required by this Decision are as follows:
No Authorization of Development. Approval of the partial plat vacation and the
recommendation for vacation of the McClellan Street right-of-way are limited
solely to the legal actions requested and do not authorize construction, grading,
land disturbance, installation of utilities, or any physical development of the
subject property. This approval does not approve site design, building placement,
height, massing, density, parking configuration, traffic impacts, utility capacity,
stormwater management, environmental impacts, or neighborhood compatibility.
Authority: Chapter 19.27 RCW; PTMC 20.01.130.
2. No Approval by Implication. Nothing in this approval shall be construed as a
commitment by the City to approve any future development proposal on the
subject property, nor as a prejudgment of issues reserved for subsequent permit
review. Authority: PTMC 20.01.130.
Recordation of Partial Plat Vacation. The partial plat vacation shall be recorded
with the Jefferson County Auditor prior to issuance of any permit or approval that
relies upon the revised plat configuration, including but not limited to civil,
building, or land use permits. Authority: RCW 58.17.212; PTMC 20.01.140.
4. Prior to recording anything, the Applicant shall submit a survey exhibit prepared,
stamped, and signed by a Washington State licensed land surveyor that clearly
depicts the portion of the recorded plat proposed for vacation. The survey shall:
a. Delineate the area proposed for vacation relative to the original recorded plat,
referencing the plat name, recording number, and lot/block layout.
b. Show all adjacent lots and tracts, including current ownership as reflected in
the most recent title report.
c. Identify and depict all existing easements, rights -of -way, streets, utilities, and
other encumbrances within or adjacent to the area proposed for vacation.
d. Provide dimensions and boundaries for the right-of-way or street width
proposed for vacation.
e. Be consistent with the legal description contained in the vacation approval and
suitable for recording with the Jefferson County Auditor.
f. The Applicant shall provide a mylar or other city -accepted reproduction of the
Plat Vacation to PCD for review and approval (5 paper copies and one
electronic .pdf version) as part of the final Plat/Plat Alteration approval
process. Said mylar shall contain the acknowledged signatures of all parties
having an ownership interest in the subject property as evidenced by an
A.L.T.A. plat certificate prepared by a local title company. Said plat
certificate, or any update provided, shall be less than 30 days old. The
approved Plat Vacation shall not become effective until the mylars required
for recording have been filed with the Jefferson County Auditor. While the
City will assist in recording the Plat Vacation mylar, the Applicant is
p. 4 Findings, Conclusions and Decision
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responsible for all fees associated with recording. All property taxes due and
owing on the subject property must be paid in full prior to obtaining the
signature of the Jefferson County Treasurer.
g. Final plat vacation documents and legal descriptions shall be prepared by a
Washington -licensed land surveyor at the time of final recording. The City
shall coordinate document routing for required agency signatures, including
Assessor and Treasurer review.
h. The survey exhibit shall be subject to review and approval by the City of Port
Townsend Planning and Community Development Director and Public Works
Director (or their designees) for consistency with the approved vacation and
applicable municipal code provisions.
i. Following approval, the City shall coordinate preparation and routing of final
documents for recording with the Jefferson County Auditor. The applicant
shall be responsible for associated fees, but document routing will occur
through City processes to ensure all required signatures, including those of the
Assessor and Treasurer, are obtained.
5. City Council Legislative Action Required. The vacation of the undeveloped
portion of McClellan Street right-of-way shall not take effect unless and until the
Port Townsend City Council adopts a street vacation ordinance in accordance
with Chapter 35. 79 RCW. Authority: RCW 35.79.010; PTMC 12.20.080.
6. Determination of Compensation. Any compensation for the vacated right-of-way
shall be determined by the City Council in accordance with RCW 35.79.030,
unless expressly waived by City Council action. City Council may waive the
requirement to obtain an appraisal provided that qualified city personnel provide a
written determination that the value of property received will be equal to or
greater than the value of the right-of-way vacated. City codes specify that "value
received" may include intangible values or benefits through implementation of
Comprehensive Plan goals and policies. The provision of permanent supportive
housing at the site constitutes adequate value received in exchange for the vacated
right-of-way consistent with the 2025 Comprehensive Plan's affordable housing
goals. Authority: RCW 35.79.030, Chapter. 12.20.090 PTMC.
7. Reservation of Public Utility Easements. The City shall reserve and record
perpetual public utility easements within the vacated right-of-way as necessary to
preserve present or future water, sewer, stormwater, power, communications, or
other public services. Authority: RCW 35.79.030; PTMC 12.20.060(D) and (E).
8. Pedestrian or Trail Easements. If the City determines that future non -motorized
connectivity is necessary to serve the public interest, a pedestrian or trail
easement shall be reserved within the vacated right-of-way, consistent with
PTMC 12.20.060(F) and the Comprehensive Plan Transportation Element.
Authority: PTMC 12.20.060(F); Comprehensive Plan.
p. 5 Findings, Conclusions and Decision
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9. Recordation of Street Vacation Ordinance. The street vacation ordinance shall be
recorded with the Jefferson County Auditor prior to vesting of title to the vacated
right-of-way in the abutting property owner(s). Authority: RCW 35.79.040;
PTMC 12.20.110.
10. Compliance with Utility and Infrastructure Standards. All future development
shall comply with Title 13 PTMC and the City of Port Townsend Engineering
Design Standards, including but not limited to requirements related to utility
service, stormwater management, frontage improvements, and infrastructure
capacity. Nothing in this approval limits the City's authority to require
infrastructure improvements or mitigation at subsequent permit stages. Authority:
Title 13 PTMC; Engineering Design Standards.
11. Conditions Run with the Land. These conditions shall run with the land and shall
be binding upon the Applicant and all successors in interest. Authority: PTMC
20.01.140.
12. Severability. If any condition of approval is found to be invalid or unenforceable,
such invalidity shall not affect the validity or enforceability of the remaining
conditions. Authority: PTMC 20.01.330.
Dated this 1$lh clay of June 2026.
Phil Olbrechts,
City of Port Townsend Hearing Examiner
Appeal Right and Valuation Notices
This land use decision is final and subject to appeal to superior court as governed by
Chapter 36.70C RCW. Appeal deadlines are short and procedures strictly construed.
Anyone wishing to file a judicial appeal of this decision should consult with an at(or licy
to ensure that all procedural requirements are satisfied.
Affected property owners may request a change in valuation for property tax purpo
notwithstanding any program of revaluation.
p. 6 Findings, Conclusions and Decision
Planning & Community
Development Department
250 Madison St., Suite 3
Port Townsend, WA 98368
360-379-5095
STAFF REPORT - VINCE'S VILLAGE — PHASE I
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION
City File Number LUP26-013
EXHIBIT 1
File Number: LUP26-013
Permit Type: Type III — Vince's Village — Partial Plat Vacation and McClellan Street
Right -of -Way Vacation
Description of On February 12, 2026, Bayside Housing & Services submitted an application
Request: for a Type III Land Use Permit (File No. LUP26-013) requesting a partial
vacation of the Eisenbeis Addition subdivision plat affecting Blocks 198 and
199, together with the vacation of an undeveloped portion of the McClellan
Street right-of-way located between 9th Street and 10th Street.
The proposal includes full -width vacation of the McClellan Street right-of-
way along segments that abut property under the applicant's ownership
within Blocks 198 and 199. The application further proposes a partial (half -
width) vacation along the western portion of the right-of-way where adjacent
parcels are not under applicant ownership. This approach maintains
flexibility for access, utilities, and potential future circulation for those
adjacent properties.
The subject right-of-way has never been opened or improved and does not
function as a transportation facility. While the corridor may accommodate
utility infrastructure, any necessary public utility interests can be preserved
through reservation of easements at the time of vacation.
The proposed action is categorically exempt from SEPA pursuant to WAC
197-11-800(1)(d), and no critical areas are mapped or observed on the
subject property.
Applicant/Owner: Bayside Housing & Services
c/o Bill Rucker, Director of Sites & Projects
310 Hadlock Bay Rd.
Port Hadlock, WA 9833
Phone: (360) 385-4637
Email: �u.:0.r i_8yi�10_t�ingw.rg
Location of 1777 10th St. Port Townsend, WA 98368
Property: Jefferson County Assessor Parcel Numbers: 948319901 and 948319802
Page 1 of 13
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Legal: Eisenbeis Addition Blk 199 Lots 1 to 8 Subj. To Easement. Together
with Eisenbeis Addition Blk 198 Lots 5 & 6
Staff Contact: Ryan Harriman, EMPA, AICP — Planning Manager,
Email: N'mkl8rr.ltTu,0.�.1�fpt„ I Phone: (360) 379-4423
I. FINDINGS OF FACT:
Application Date Application Received: February 12, 2026
Process Date of Determination of Completeness: March 31, 2026
Information: Date of Notice Publication: April 8, 2026
Date of Notice Mailing: April 8, 2026
Date of Notice Posted: April 8, 2026
Comment Period Ended: 4:00 PM on Wednesday, April 22, 2026.
Notice of Public Hearing Issued, May 20, 2026
Date of Notice of Public Hearing Publication: May 20, 2026
Date of Notice of Public Hearing Mailing: May 20, 2026
Date of Notice of Public Hearing Posted on Subject Property: May 20, 2026
Date of Open Record Public Hearing: June 3, 2026
Other Associated LUP26-014 Design Review
Permits: BLD25-355 Building Permit — Multi -Family Residential
Applicable Chapter 58.17 RCW—Subdivision and Platting
Development Chapter 35.79 RCW — Street Vacation
Regulations: Chapter 19.27 RCW— Buildings and Construction (Vesting Doctrine)
Chapter 43.21 C RCW — State Environmental Policy Act (SEPA)
Chapter 197-11 WAC — SEPA Rules
2025 Port Townsend Comprehensive Plan
Titles 12, 13, 17, 18, 19, and 20 PTMC
City of Port Townsend Engineering Design Standards (EDS)
Zoning: The subject property is located within the R-IV (MF) zone,
SEPA Compliance: Pursuant to the provisions of WAC 197-11-800(1)(d), Minor new construction
— Flexible Thresholds, the proposed development is exempt from
environmental review and threshold determination under the State
Environmental Policy Act (SEPA) (Exhibit 11). Additionally, the subject
property has no mapped Critical Areas as regulated by the Port Townsend
Municipal Code (PTMC) and none have been observed. Accordingly, no SEPA
or Critical Area review was required.
Lead Agency: City of Port Townsend, Planning and Community Development (PCD)
Page 2 of 13
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A. General Findings of Fact:
Planning & Community
Development Department
250 Madison St., Suite 3
Port Townsend, WA 98368
360-379-5095
Zoning. The subject property is zoned R-IV (MF) — High Density Multifamily Residential under
Title 17 PTMC. This zoning district is intended to accommodate consolidated parcels and
higher -density residential development in urban areas served by public infrastructure.
2. Request. The Applicant, Bayside Housing & Services, requests approval of:
a. A partial vacation of the Eisenbeis Addition subdivision plat pursuant to RCW 58.17.212;
and, specifically Lots 1 through 8 in Block 199.
b. Avacation of an unopened segment of McClellan Street right-of-way pursuantto Chapter
35.79 RCW and Chapter 12.20 PTMC. The proposal includes full -width vacation of the
McClellan Street right-of-way along segments that abut property under the applicant's
ownership within Blocks 198 and 199. The application further proposes a partial (half -
width) vacation along the western portion of the right-of-way where adjacent parcels are
not under applicant ownership. The distinction between full -width and partial -width
street vacation is intended to ensure that adjacent properties not controlled by the
applicant retain the abilityto utilize the remaining portion of the right-of-way if needed for
future access, utilities, or connectivity.
c. The request removes obsolete platting and right-of-way dedications that do not serve a
current or future public purpose and that constrain land use patterns otherwise allowed
under the City's adopted zoning and Comprehensive Plan. The applicant requests the
vacation of the McClellan Street right-of-way and the consolidation of historically platted
lots to facilitate a three-story, 32-unit multifamily residential development for permanent
supportive housing. Design review (LUP26-014), vacating public right-of-way, engineering
review, and building permits are processed separately and are not before the Hearing
Examiner under this application.
d. The City reserves the right to require the applicant to retain the proposed vacant right-of-
way for public infrastructure and requests permanent utility and access easements
across the area proposed to be vacated.
3. Permit Type & Hearing Body. The City processed the application as a Type III action with public
notice (Exhibit 5) and a hearing before the Hearing Examiner (Chapter 20.01 PTMC).
Additionally, Ch 18.04.040 PTMC requires that the process for subdivision vacation be
identicalto the process for initial subdivision (Type III). The Examiner has authorityto conduct
the public hearing and issue this decision (Exhibit 12); any street vacation must be finalized
by City Council ordinance (RCW 58.17.217; RCW 35.79, Chapter 12.20 PTMC).
4, Site & Legal Setting. The subject property is located at 1777 10th Street, within the Eisenbeis
Addition (Blocks 198 and 199). The applicant also controls Parcel No. 948319802 east of
McClellan, supporting interior -block consolidation (Plan Sheets A001, G001).
5. Historic Plat Pattern. The Eisenbeis Addition plat established interior north —south streets,
including McClellan Street, that were intended at the time of platting to function as through
Page 3 of 13
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streets connecting 9th and 10th Streets. However, subsequent development patterns in the
surrounding neighborhood did not rely on these interior connections, and circulation was
instead established along the perimeter street network. As a result, the interior segments of
McClellan Street were never constructed and now exist as isolated, undeveloped segments
that function more as residual stubs rather than necessary through streets.
6. The City's 2025 Comprehensive Plan, including the Transportation Element and Sustainable
Streets Plan, does not identify this segment of McClellan Street as part of the planned
transportation network or as necessary to achieve system connectivity.
7. Undeveloped ROW Segments. The McClellan (9th-10th) ROW segment is unbuilt with public
infrastructure; they do not currently provide public motorized access and are not relied upon
for emergency response routing. Parcels adjacent to the eastern portion of McClellan Street
are under separate ownership and obtain access from 10th Street. The proposal retains the
eastern half of the right-of-way in this location to ensure that no existing or potential future
access opportunities are eliminated.
8. Abutting Ownership & Title. A review of available title information indicates that no restrictive
covenants affecting the proposed vacation area have been identified. Accordingly, no
covenant modification or termination is required as part of this action. Because this plat is
from the year 1888, there were no restrictive covenants filed at the time of plattingthat impact
any other property owners within Eisenbeis Addition.
9. Waterfront Status. The to -be -vacated segments do not abut a body of water; if subsequent
legal description review determines that any portion abuts water, that portion will be
excluded or processed under RCW 35.79.035 (RCW 35.79.035).
10. The subject property consists of multiple narrow lots created by historic platting within the
Eisenbeis Addition (Exhibit 10), a subdivision platted in the late nineteenth century (1888).
Several interior lot lines and dedicated rights -of -way, including McClellan Street, were
platted but never fully developed.
11. Surrounding development reflects a mix of single-family residential, multifamily residential,
and institutional uses typical of the Castle Hill area. Vehicular, pedestrian, bicycle, and
emergency access to the site is provided via improved public streets at 9th Street and 10th
Street.
12. The segment of McClellan Street proposed for vacation is unimproved and not part of the
City's Sustainable Streets Plan or Active Transportation Plan.
13. Partial Plat Vacation — RCW 58.17.212 and Title 18 PTMC. RCW 58.17.212 authorizes
vacation of a recorded plat upon a finding that the vacation serves the public use and
interest. The Eisenbeis Addition reflects nineteenth-century subdivision practices that
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predate modern zoning, infrastructure, and planning standards. Interior lot lines within
Blocks 198 and 199 are obsolete and constrain coordinated development otherwise
anticipated by the R-IV zoning designation.
14. The partial plat vacation does not impair access, eliminate utilities, or remove public
facilities. All parcels retain access via 9th Street or 10th Street. The vacation aligns parcel
configuration with adopted zoning and land use policy and satisfies RCW 58.17.212, subject
to conditions.
15. Street Vacation — Chapter 35.79 RCW. Chapter 35.79 RCW authorizes municipalities to
vacate streets no longer required for public use. The subject portion of McClellan Street has
never been opened or improved and does not function as a transportation corridor or access
route but is used as a utility corridor. It is not identified as necessary in adopted
transportation or capital facilities plans. Public interests can be preserved through
easements, consistent with RCW 35.79.030.
16. Title 12 PTMC — Streets, Sidewalks, and Transportation. The proposal satisfies all criteria of
PTMC 12.20.060(A)—(J). The undeveloped right-of-way does not serve a demonstrated public
need, access and emergency response remain adequate, utilities can be preserved by
easement, and the vacation is consistent with adopted plans. The other right of way value
sets of open space and trees are not impacted as the area is currently not accessible to the
public and no significant trees exist as defined in Title 12 PTMC. The are will also be
maintained as a sewer easement with access for maintenance of the existing sewer main.
17. Title 17 PTMC and Title 18 PTMC — Zoning and Land Division. The R-IV zoning district
anticipates consolidated parcels and higher -density residential development. The proposed
vacations do not alter zoning, permitted uses, or development standards and are consistent
with Titles 17 and 18 PTMC.
18, Title 13 PTMC and Engineering Design Standards. The vacation request does not authorize
infrastructure installation or modification of public infrastructure. Compliance with Title 13
PTMC and the Engineering Design Standards will be required at subsequent permit stages.
19. Comprehensive Plan Consistency. The 2025 Port Townsend Comprehensive Plan, including
the Transportation Element and Sustainable Streets Plan, emphasizes efficient use of land
and infrastructure while directing investment toward functional transportation corridors that
support connectivity and mobility.
a. The subject segment of McClellan Street is not identified as part of the planned
transportation network and is not required to implement the Sustainable Streets Plan.
Its retention as dedicated right-of-way would not advance transportation objectives or
system functionality.
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b. The proposed vacation is therefore consistent with Comprehensive Plan policies that
support infill development, efficient use of land, and the removal or repurposing of
excess right-of-way where no public need exists.
20. Right -of -Way Status — McClellan Street (Chapter 35.79 RCW; Title 12 PTMC. The portion of
McClellan Street right-of-way proposed for vacation lies between 9th Street and 10th Street
within the Eisenbeis Addition.
a. This portion of McClellan Street has never been graded, paved, or otherwise improved by
the City.
b. The undeveloped right-of-way has never functioned as:
i. a vehicular travel lane,
ii. a pedestrian sidewalk,
iii. a bicycle facility, or
iv. public accessible open space
V. stormwater facility
vi. a location with significant trees
vii. an emergency access route.
c. The subject right-of-way is not identified as part of the City's existing or planned
transportation network in the Comprehensive Plan Transportation Element or Capital
Facilities Plan.
21. Zoning and Access Conditions (Title 17PTMC; Title 12 PTMC).
a. The subject property is zoned R-IV (MF) —High Density Multifamily Residential under Title
17 PTMC.
b. The R-IV zoning district anticipates consolidated parcels, coordinated site design, and
higher -density residential development in urban areas served by infrastructure.
c. Vehicular, pedestrian, bicycle, and emergency access to the subject property is currently
provided via improved public rights -of -way at 9th Street and 10th Street.
d. The proposed partial plat vacation and street vacation do not eliminate, reduce, or
adversely affect lawful access to the subject property.
e. Adequate access for emergency services will remain available following the requested
vacations.
21, Utilities and Public Services (Title 13 PTMC; Engineering Design Standards; RCW 35.79.030).
a. Public water, sewer, stormwater, and other utilities are available to the subject property
within the surrounding street network.
b. Existing public utilities are located within the undeveloped portion of McClellan Street
proposed for vacation.
c. Reservation of perpetual public utility easements within the vacated right-of-way is
feasible and sufficient to preserve current and future public service needs.
d. The requested vacations do not approve or authorize installation, relocation, or
modification of utilities.
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e. Compliance with Title 13 PTMC and the City of Port Townsend Engineering Design
Standards will be required at the time of future civil or building permits.
22. Public Comment (Title 20 PTMC).
a. During the public comment period, written comments (Exhibits 6.1 to 6.6) were
submitted by members of the public raising concerns related to:
i. traffic and parking conditions;
ii. neighborhood character and compatibility;
iii. building height and massing;
iv. future use of McClellan Street; and
v. conceptual development plans.
b. These comments received during the open public comment period relate to potential
future development scenarios rather than to the legal criteria governing plat and street
vacations.
c. No public comment provided evidence demonstrating that the requested plat vacation
would create landlocked lots, eliminate existing public access, impair utilities, or remove
an actively used transportation facility.
d. All public comments were reviewed and considered as part of the administrative record.
e. The applicant responded to the public comments received during the comment period
(Exhibits 8.1 — 8.3).
23. Public Use and Interest (RCW 58.17.212, Chapter 35.79 RCW; Title 12 PTMC, and PTMC
20.01.235(D).
a. The proposed partial plat vacation and street vacation must be evaluated under the
"public use and interest" standard set forth in RCW 58.17.212 and Chapter 35.79 RCW.
b. The record demonstrates that the interior lot lines and the subject portion of McClellan
Street do not provide transportation, access, or utility functions and are not required for
present or future public use. Retention of these features would not provide a public
benefit and instead imposes constraints on efficient use of land.
c. The proposal facilitates consolidation of parcels consistent with the R-IV zoning district
and supports infill housing development within an area already served by
infrastructure, consistent with Comprehensive Plan policies.
d. Public interests are preserved through continued access via 9th and 10th Streets and
through the ability to reserve utility or access easements if necessary.
e. Given, the existence of a sewer main, the area will remain open space.
f. These findings are supported by substantial evidence in the record and are made in
accordance with PTMC 20.01.235(D).
g. Pursuant to PTMC 20.01.235(D), the request is supported by substantial evidence in the
record, applies all applicable approval criteria, and provides a reasoned explanation
linking the facts to the conclusion that the proposal serves the public use and interest.
II. CONCLUSIONS OF LAW
A. Authority and Jurisdiction
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1. The City of Port Townsend Hearing Examiner has authority to review and approve a partial
vacation of a recorded subdivision plat pursuant to RCW 58.17.212, RCW 58.17.217, and
Title 20 PTMC, and to conduct an open -record public hearing and issue findings and
recommendations to the City Council regarding a street vacation pursuant to Chapter 35.79
RCW.
2. The application was properly processed as a Type III permit under Title 20 PTMC, and all
procedural requirements related to completeness review, notice, public hearing, and record
development were satisfied.
B. Partial Plat Vacation — RCW 58.17.212 and Title 18 PTMC
3. RCW 58.17.212 authorizes the vacation of all or part of a recorded plat upon a determination
that the requested vacation serves the public use and interest, provided that statutory
requirements related to ownership consent and restrictive covenants are satisfied.
4. Based on the Findings of Fact and the analysis contained in Section VII of this staff report,
the partial plat vacation of the Eisenbeis Addition removes obsolete interior lot lines created
under historic platting practices that no longer serve an independent public purpose.
5. The partial plat vacation does not impair lawful access, does not eliminate public utilities or
public services, and does not create substandard or landlocked parcels.
6. The partial plat vacation advances the purposes of Title 18 PTMC by promoting orderly land
division, aligning parcel configuration with existing zoning, and enabling efficient urban land
use consistent with adopted Comprehensive Plan policies.
7. The partial plat vacation therefore satisfies the requirements of RCW 58.17.212 and Title 18
PTMC, subject to conditions ensuring ownership consent, covenant resolution, and
recordation.
C. Street Vacation — Chapter 35.79 RCW
8. Chapter 35.79 RCW authorizes municipalities to vacate streets and rights -of -way that are no
Longer required for public use, subject to public hearing, compensation where applicable,
and reservation of public interests.
9. Based on the Findings of Fact, the portion of McClellan Street proposed for vacation is
unimproved, and has never functioned as a transportation facility, access route, emergency
route, or utility corridor.
10. The vacated right-of-way is not identified as necessary for present or future public
transportation purposes in the Comprehensive Plan Transportation Element or Capital
Facilities Plan.
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11. Public interests related to access, utilities, and future connectivity can be preserved through
reservation of easements pursuant to RCW 35.79.030.
12. The proposed street vacation satisfies the requirements of Chapter 35.79 RCW, subject to
City Council adoption of a street vacation ordinance and compliance with statutory
compensation and easement provisions.
D. Title 12 PTMC — Streets, Sidewalks, and Transportation
13. Chapter 12.20 PTMC establishes criteria governing street vacations and places the burden
of proof on the applicant to demonstrate that a vacation will not be detrimental to the public
interest.
14. Based on the Findings of Fact and the analysis in Section VII, all applicable criteria of PTMC
12.20.060(A) through (J) have been satisfied, including:
a. the absence of a demonstrated public transportation need for the unopened right-of-way;
b. preservation of adequate vehicular, pedestrian, bicycle, and emergency access;
c. preservation of public utility service potential; and
d. consistency with adopted transportation and land use plans.
15. The street vacation is therefore consistent with the intent and requirements of Title 12 PTMC,
subject to conditions.
E. Zoning and Land Division —Title 17 PTMC and Title 18 PTMC
16. The subject property is zoned R-IV (MF) under Title 17 PTMC, a zoning district that anticipates
consolidated parcels and coordinated higher -density residential development.
17. The proposed plat and street vacations do not change zoning designations, permitted uses,
density allowances, or development standards.
18. The proposal is consistent with the intent and provisions of Title 17 PTMC and Title 18 PTMC
and does not create zoning nonconformities.
F. Utilities and Infrastructure —Title 13 PTMC and Engineering Design Standards
19. The requested vacations do not approve installation, modification, or relocation of utilities
or public infrastructure.
20. Compliance with Title 13 PTMC and the City of Port Townsend Engineering Design Standards
(EDS) will be required at the time of subsequent civil and building permit review.
21. The City retains full authority to impose utility, frontage improvement, stormwater, and
infrastructure requirements consistent with adopted standards.
G. Environmental Review —Chapter43.21C RCW, Chapter 197-11 WAC, and Title 19 PTMC
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22. The proposed partial plat vacation and street vacation are legal actions that do not authorize
physical development or land disturbance.
23. The proposal is categorically exempt from SEPA pursuant to WAC 197-11-800(1)(d) and
Chapter 19.04 PTMC.
24. No critical areas regulated under Title 19 PTMC are affected by the requested actions..
25. Environmental review obligations are preserved for any future project actions.
H. Comprehensive Plan Consistency
26. The Port Townsend Comprehensive Plan designates the subject area for urban residential
development and prioritizes efficient use of land and infrastructure.
27. The Comprehensive Plan supports infill development, consolidated development patterns,
and flexibility in vacating unused rights -of -way where public interests are preserved.
28. The partial plat vacation and street vacation implement, and do not conflict with, applicable
Comprehensive Plan policies.
J. Overall Conclusion
32. Based on the Findings of Fact, the analysis of applicable law, and the complete
administrative record, the requested partial plat vacation and street vacation:
a. comply with applicable RCW, PTMC, WAC, Comprehensive Plan, and Engineering Design
Standards provisions;
b. preserve public access, utilities, and governmental authority; and
c. serve the public use and interest.
RECOMMENDED CONDITIONS OF APPROVAL
Based on the foregoing Findings of Fact and Conclusions and the following recommended
conditions, staff recommends approval of the proposed street and partial plat vacation permit,
Application No. LUP26-013.
1. No Authorization of Development. Approval of the partial plat vacation and the recommendation
for vacation of the McClellan Street right-of-way are limited solely to the legal actions requested
and do not authorize construction, grading, land disturbance, installation of utilities, or any
physical development of the subject property. This approval does not approve site design,
building placement, height, massing, density, parking configuration, traffic impacts, utility
capacity, stormwater management, environmental impacts, or neighborhood compatibility.
Authority: Chapter 19.27 RCW; PTMC 20.01.130.
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2. No Approval by Implication. Nothing in this approval shall be construed as a commitment by the
City to approve any future development proposal on the subject property, nor as a prejudgment
of issues reserved for subsequent permit review. Authority: PTMC 20.01.130.
3. Recordation of Partial Plat Vacation. The partial plat vacation shall be recorded with the Jefferson
County Auditor prior to issuance of any permit or approval that relies upon the revised plat
configuration, including but not limited to civil, building, or land use permits. Authority: RCW
58.17.212; PTMC 20.01.140.
4. Prior to recording anything, the Applicant shall submit a survey exhibit prepared, stamped, and
signed by a Washington State licensed land surveyor that clearly depicts the portion of the
recorded plat proposed for vacation. The survey shall:
a. Delineate the area proposed for vacation relative to the original recorded plat, referencing
the plat name, recording number, and lot/block layout.
b. Show all adjacent lots and tracts, including current ownership as reflected in the most recent
title report.
c. Identify and depict all existing easements, rights -of -way, streets, utilities, and other
encumbrances within or adjacent to the area proposed for vacation.
d. Provide dimensions and boundaries for the right-of-way or street width proposed for
vacation.
e. Be consistent with the legal description contained in the vacation approval and suitable for
recording with the Jefferson County Auditor.
f. The Applicant shall provide a mylar or other city -accepted reproduction of the Plat Vacation
to PCD for review and approval (5 paper copies and one electronic .pdf version) as part of the
final Plat/Plat Alteration approval process. Said mylar shall contain the acknowledged
signatures of all parties having an ownership interest in the subject property as evidenced by
an A.L.T.A. plat certificate prepared by a local title company. Said plat certificate, or any
update provided, shall be less than 30 days old. The approved Plat Vacation shall not become
effective until the mylars required for recording have been filed with the Jefferson County
Auditor. While the City will assist in recording the Plat Vacation mylar, the Applicant is
responsible for all fees associated with recording. All property taxes due and owing on the
subject property must be paid in full prior to obtaining the signature of the Jefferson County
Treasurer.
g. Final plat vacation documents and legal descriptions shall be prepared by a Washington -
licensed land surveyor at the time of final recording. The City shall coordinate document
routing for required agency signatures, including Assessor and Treasurer review.
h. The survey exhibit shall be subject to review and approval by the City of Port Townsend
Planning and Community Development Director and Public Works Director (or their
designees) for consistency with the approved vacation and applicable municipal code
provisions.
i. Following approval, the City shall coordinate preparation and routing of final documents for
recording with the Jefferson County Auditor. The applicant shall be responsible for
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associated fees, but document routing will occur through City processes to ensure all
required signatures, including those of the Assessor and Treasurer, are obtained.
5. City Council Legislative Action Required. The vacation of the undeveloped portion of McClellan
Street right-of-way shall not take effect unless and until the Port Townsend City Council adopts
a street vacation ordinance in accordance with Chapter 35. 79 RCW. Authority: RCW 35.79.010;
PTMC 12.20.080.
6. Determination of Compensation. Any compensation for the vacated right-of-way shall be
determined by the City Council in accordance with RCW 35.79.030, unless expressly waived by
City Council action. City Council may waive the requirement to obtain an appraisal provided that
qualified city personnel provide a written determination that the value of property received will
be equal to or greater than the value of the right-of-way vacated. City codes specify that "value
received" may include intangible values or benefits through implementation of Comprehensive
Plan goals and policies. The provision of permanent supportive housing at the site constitutes
adequate value received in exchange for the vacated right-of-way consistent with the 2025
Comprehensive Plan's affordable housing goals. Authority: RCW 35.79.030, Chapter. 12.20.090
PTMC.
7. Reservation of Public Utility Easements. The City shall reserve and record perpetual public utility
easements within the vacated right-of-way as necessary to preserve present or future water,
sewer, stormwater, power, communications, or other public services. Authority: RCW
35.79.030; PTMC 12.20.060(D) and (E).
8. Pedestrian or Trail Easements. If the City determines that future non -motorized connectivity is
necessaryto serve the public interest, a pedestrian ortrail easement shall be reserved within the
vacated right-of-way, consistent with PTMC 12.20.060(F) and the Comprehensive Plan
Transportation Element. Authority: PTMC 12.20.060(F); Comprehensive Plan.
9. Recordation of Street Vacation Ordinance. The street vacation ordinance shall be recorded with
the Jefferson County Auditor prior to vesting of title to the vacated right-of-way in the abutting
property owner(s). Authority: RCW 35.79.040; PTMC 12.20.110.
10. Compliance with Utility and Infrastructure Standards. All future development shall comply with
Title 13 PTMC and the City of Port Townsend Engineering Design Standards, including but not
Limited to requirements related to utility service, stormwater management, frontage
improvements, and infrastructure capacity. Nothing in this approval limits the City's authorityto
require infrastructure improvements or mitigation at subsequent permit stages. Authority: Title
13 PTMC; Engineering Design Standards.
11. Conditions Run with the Land. These conditions shall run with the land and shall be binding upon
the Applicant and all successors in interest. Authority: PTMC 20.01.140.
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12. Severability. If any condition of approval is found to be invalid or unenforceable, such invalidity
shall not affect the validity or enforceability of the remaining conditions. Authority: PTMC
20.01.330.
Submitted to the Hearing Examiner this 26th day of May 2026
Submitted by: i
Ryan Harriman, EMPA, AICP
Planning Manager
City of Port Townsend
XII. EXHIBIT LIST
Exhibit 1 —Staff Report
Exhibit 2 —Plat Vacation Application
Exhibit 3 — Property Owner Consent to File Plat Vacation Application
Exhibit 4 — Determination of Complete Application
Exhibit 5 — Notice of Application
Exhibit 6 — Public Comments
6.1. Jeremy Denniston 04092026
6.2. Jeremy Denniston 04142026
6.3. Holly Postmus 04222026
6.4. Linda Tilley 04152026
6.5. Linda Tilley 04162026
6.6. Carol Dutra 04212026
Exhibit 7 —Title Report
7.1 Title Report One
7.2 Title Report Two
7.3 Title Report Three
Exhibit 8—Applicant Response To Public Comments
8.1 - Applicant response to public comments from Holly Postmus
8.2 - Applicant response to public comments from Linda Tilley
8.3 - Applicant response to public comments from Carol Dutra
Exhibit 9 —Vicinity Map
Exhibit 10 — Eisenbeis Addition Plat Map, 1888
Exhibit 11 — Letter of SEPA Exemption
Exhibit 12—Notice of Public Hearing
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